08/21/06 City Council MinutesA REGULAR MEETING of THE KALISPELL CITY COUNCIL WAS HELD A7:00
.M. MON AY, AUGUST" 21,2006, IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL, MON ANA, COUNCIL PRESIDENT DUANE LARSON PRESIDED.
COUNCIL MEMBERS JIM A KINSON, KARI GA REEL, BOB HERRON, BOB
RAFFERMAN, RANDY KENYON IM KLUESNE ., AND HANK O SON WERE
PRESENT. MAYOR PAMELA B, KENNE Y WAS ABSENT,
Also Present: City Manager James Patrick, City Attorney Charles Har a 1, Deputy City Clerk Judi
Funk,, Police Chief Frank Garner, Fire Chief Randy Brodehl, Finance Director Amy Robertson,
Public Works Director Jim Hansz, Planning Director Tom Jentz, Senior Planner Sean Conrad, and
'arks and Recreation Director Mike Baker.
President Larson called the meting to order and led the Fledge of Allegiance.
AGENDA APPROVAL
President .parson explained that E .3, the final plat of Shining Mountain Church, requires a
resolution and the issue should be rescheduled for the next meeting.
Atkinson moved approval of the Agenda with the removal of item E3# The motion s
seconded.
There was no discussion.
The motion carried unanimously upon vote.
B. CONSENT AGENDA APPROVAL
.. Council Minutes — RegLilar Meeting — Auggst 7,.2006
2. Acce t Domestic Violence Grant
The City of Kalispell has been awarded a grant in the amount o $394,594.00 to create a
Domestic Viole ce Emergency Response Tear..
Kenyon moved approval of the Consent Agenda. The motion was secondedO
There was no discussion.
The motion carried unanimously upon vote.
C. STUDENT ISSUES
None.
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PUBLIC COMMENT
Dan Lozar, 735 2nd Avenue East, Thomas Dean & Hoskins engineer, said he is representing
Heritage Bank, Agenda Item E15,
E. REPQRTS RECQMMENDATIfJNS AND SUBSEQUENT COUNCIL ACTION
E 1. RESOLUTION 5132 — BUDGET RESOLUTION — ANNUAL APPROPRIATIONS
Kenyon moved Resolution 5132, a resolution setting the annual appropriations for the City o
Kalispell, Montana, as set forth in the 2006-2007 budget adopted by the City Council. The
motion was seconded.
Patrick explained this year's total budget is $53,053,920 and includes all enterprise funds such as
sewer and water rates, along; with capital construction costs for the expansion of the wastewater
treatment Facility and the new water reservoir. Patrick said that changes made since the preliminary
adoption have resulted in a budget reduction of $311,797.
fferrnan stated the only reason he would vote in favor is because the police and fire departments
are basically living within their budgets because property taxes pay for these services and even
though their numbers have increased a total of approximately $400,000, the increase is calculated
from the growth that occurred last year. He added, however, rates will go up if this budget is passed.
:for example, t budget includes an increase in street maintenance and storm sewer of
approximately $� 300,000. He gave several examples of gadget items he doesn't feel are necessary,
sch as the aerial napping services and `acilitics' plan; items that he feels are necessary and aren't
included, such as sidewalks rear the Lutheran home; and he criticized what he called the "Wells
Fargo Pasco". Hafferman emphasized the budget contains $2,000,000 for debt service payment
alone, and we need to tear up the credit card and start responsibly paying off our debts. In conclusion,
e said he wants the public to know that this budget was prepared by the staff.
Patrick answered questions,
The e motion carried upon roil call vote with Atkinson, Gabriel, Herron, Kenyon, Kles e ,
Olson, and. President Larson voting in favor, Hafferman voting against, and Mayor Kennedy
absent.
E 2* RESOLUTION 5133 — BUDGET RESOLUTION ANNUAL TAX LEVIES
Kenyon moved Resolution 5133, a resolution making the annual tax levies for the City o
Kalispell, Montana, for the fiscal year 2 0 -too . The motion was seconded.
Patrick explained this year's mill levy is 166.9 mills, down from 1.70 mills last year, meaning a
resident with. a $150.000 .borne should see a savings of approximately $35.00 on their tax bill.
t the request of ll esner, Patrick provided a breakdown of the valuations of commercial
development versus residential development, explaining that commercial properties pay more
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Aug 21, 2006
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because they need less services and their gale is higher. He said there is an increased valuation in
homes and they are adding value to the taxes, but homes cost more in services.
Hafferman stated property owners should be aware that we are in a reappraisal period for the next
four years, and even though the mill levy is going dory, the appraisals are going ,
The motion carried unanimously upon roll call vote with Mayor Kennedy absent.
E 3. RESOLUTION 5 — BUDGET RESOLUTION - SPECIAL LIGHTING DISTRICT
Herron moved Resolution 513 a resolution levying an assessment for the cost of lighting the
streets and alleys in the City Special Lighting District for the fiscal year Zoo -2007. The motion
was seconded.
' h re was no discussion..
The motion carried unanimously upon roll call vote with Mayor Kennedy absent.
E/4. RESOLUTION 505 — BUDGET RESOLUTION — DECORATIVE LIGHTING:
DISTRICT
,Herron moved Resolution. 5135, a resolution levying an assessment for the cost of lighting the
streets in the City Downtown Decorative Lighting District for the fiscal year oo - 007. The
motion was seconded.
.ere was no discussiOD.
The motion carried unanimously upon roll call vote with Mayor Kennedy absent.
E . RESOLUTION 5136 --W BUDGET RESOLUTION — SOLID WASTE
Gabriel moved Resolution 5136, a resolution to levy the cost of removal of garbage or other
offensive matter from streets, alleys or on any premises as a special tax against property from
which such matter was deposited, and the disposition thereof. The motion was seconded,.
There was discussion regarding "other offensive matter"' and garbage pickup,
The motion carried unanimously upon roil call vote with Mayor Kennedy absent.
E :RESOLUTION 5137 — BUDGET RESOLUTION — URBAN FORESTRY
Atkinson moved Resolution 5137, a resolution levying an assessment for the cost of urban
forestry maintenance in the City for the fiscal year oo -2007. The motion was seconded.
Where was no discussion.
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The notion carried unanimously upon roll call vote with Mayor Kennedy absent.
E/7. RESOLUTION 5138 — BUDGET RESOLUTION - S ECUL STREET
MAINTENANCE
Kenyon moved Resolution 5138, a resolution levying an assessment for the cost of special
maintenance for the purpose of maintaining the streets and avenues of the City of Kalispell for
the fiscal year Zoo-200'7. The motion was seconded.
There was discussion concerning funding for street maintenance tenaooe and when the next major road
project can be done.
The motion carried unanimously upon roll call vote with Mayor Kennedy absent.
E . RESOLUTION 5139 — BUDGET RESOLUTION — STORM SEWER
MAINTENANCE
Kenyon moved Resolution 5139, a resolution levying assessments for the cost of storm sewer
maintenance for the fiscal year oo -200 . The motion was seconded*
Hansz explained there is are increase in this fund to pay for capital improvements identified in the
capital improvement plan for storm drainage, adding you have to build up a cash reserve in order to
do these projects.
Hafferman stated it is a slow process to cure the ills of the past, but it does not have to be done on a
con s lta is schedule. He, said he is not in favor of raising rates any higher and we need to do these
projects as we can afford them and that's why he's voting no.
The motion carried upon roll call vote with Atkinson, Gabriel, Herron, Kenyon, Kluesner,
Olson, and President Larson voting in favor, Hafferrnan voting against, and Mayor Kennedy
absent.
E . RESOLUTION 5140 — BUDGET RESOLUTION — PARKING COMMISSION
Kenyon moved Resolution 5140, a resolution setting the annual appropriation for the Parking
Commission of the City of Kalispell, Montana, as set forth in the Zoo -200'7 budget adopted by
the City Council. The motion was seconded.
Patrick gave a staff report and answered questions.
Olson and Atkinson commended the parking commission for the good job that they do.
The motion carried unanimously upon roll call vote with Mayor Kennedy absent.
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IP 1 . RESOLUTION 5 — BUDGET RESOLUTION — HEALTH ARTMENT
Kenyon moved Resolution 5141, a resolution makin.g the annual tax levies for the City o
Cy
Kalispell,Montana for the fiscal year -20'. The motion was seconded.
Patrick k gave a staff report and answered questiolls.
Hafferr a . commented that last year's mill levy for the health department was 5.3 mills, and it is 5.1
mills this year..
The motion carried unanimously upon roll call vote with. Mayor Kennedy absent.
E 11# RESOLUTION 5142 — BUDGET RESOLUTION — BUSINESS IMPROVEMENT
DISTRICT
Gabriel moved .Resolution 5142, a resolution setting the annual appropriation for the BID
(Business Improvement District) of the City of Kalispell, Montana, as set forth in the 2006-
2007 budget adopted by the City Council. The motion was seconded,
Patrick gave a staff report.
There was no discussion.
The motion carried unanimously upon roll call vote with Mayor Kennedy absent,
E 12. FINAL PLAT — BLUE HERON TOWNHOUSES
This is a request for final plat approval of Blue Hero. 'townhouses consisting of 8 sublots o
approximately one acre located vest of the northwest corner of Three Mile Drive and Stillwater
Road.
Kenyon moved Council approve the final plat for Blue Heron Townhouses. The motion was
seconded.
Conrad gave a staff report.
Where was no discussion.
The notion carried unanimously upon vote with Mayor Kennedy absent.
E 13. FINAL PLAT - SITTING MOUNTAIN CHURCH (Removed from Agenda)
E . FINAL PIAT— WEST VIEW ESTATES PHASES I. AND 2
"'leis is a request for final plat approval of Phases 1 and 2 of west View Estates, located o
approximately 20-14 acres 1 mile east of the intersection of Stillwater Road and West Reserve
Drive.
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Herron proved Council accept the Subdivision Improvement Agreement and approve the final
plat for west view Estates Phases I and. 2. The motion was seconded.
Conrad gave a staff report and answered questions.
The motion carried nanimo .sly upon vote with Mayor Kennedy absent*
E , RESOLUTION 5143 — REVISED PRELIMINARY FLAT — HERITAGE BANK
LEASE SITE
This resolution approves a revised preliminary plat for a Heritage Bank lease site at Kalispell Center
Mall.
Kenyon moved Resolution 5143, a resolution approving the revised preliminary plat of the
Hen*tage Bank lease site, located in the South half of the Southeast quarter of Section 7,
Township 28 North, Range 21 west, P.M.M. Flathead County, Montana. The motion was
secone.
Conrad gave a staff report and answered questions.
There was discussion regarding parking at the mall.
The motion carried unanimously upon roll call vote with Mayor Kennedy absent.
E/16. ORDNANCE 1582 —AMENDING ORDINANCE 847 —RESIDENCY
R.EQUIREMENTS —1ST READING, (Tabled on July 7)
Ordinance 15 82 amends the residency requirements for City department heads and their assistants to
live within tree miles or a 15-minute response time from the City limits.
Atkinson moved to remove ordinance 1582 from the table. The motion was seconded,
There was no discussion..
The motion to remove carried unanimously upon vote with Mayor Kennedy y absent.
Kenyon moved first reading of Ordinance 1582, are ordinance to repeal ordinance No. 847, to
amend ordinance No. 945, to establish residency restrictions for employees of the City o
Kalispell and declaring the policy therefore and declaring an effective date. The motion was
seconded.
Patrick explained that under this ordinance certain employees., i
.ncluding department supervisors,
must reside within three air miles from the City limits, or be able to respond to the City within 15
minutes.
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Hafferman remarked the 15 minute response time can depend on several things and three air miles
from Kalispell can mean Lakeside or Whitefish depending on annexations. e said he believes that
the majority of City employees should be allowed to live within the growth policy area or within
three air miles of City Hall, but department heads s ould 't be living that far out because they are
part of the budgeting process. Haffennan commented that City employees who hope to be promoted
should be aware of the policy and plan accordingly.
There was discussion concerning how response time is calculated and what constitutes the City
limits.
Herron commented that he agrees in principle that City employees should live in the City, but we
have some great department heads who do not and as a practical matter we should pass the
ordinance.
The motion carried upon roll call vote with Atkinson, Gabriel, Herron, Kenyon, Klesn r
Olson and President Larson voting In favor, Hffrmn voting against, and Mayor Kennedy
absent.
F, MAYo COUNC STY MANAGER'S REPORTS ff2 Action
Olson commented that we should do everything we can to encourage family life, including letting
people live where they can to raise their families, even if it is not in the City.
President Larson announced that some Council members will be serving dinner at the community
kitchen next Saturday night, August 26 at 5:00 at Faith Alliance Church, and invited staff to
participate as well.
Patrick informed the Council that the City has received a Petition for Referendum reardin the
Highway 3 Growth Policy amendment just passed and the City Attorney has modified it and
returned it to the election department.
Patrick stated there are several problems with the Stillwater Bluffs development and the developer's
bond has been Pulled in order to complete the improvernents.
G. ARIOURN
The meeting; was adjourned at 9:00 p.m.
ATTEST:
Theresa White
City Clerk
Approved September 5, 200
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